CUNNINGHAM v. UNITED STATES

No. 26317.

461 F.2d 995 (1972)

Richard Wayne CUNNINGHAM, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

May 4, 1972.


Attorney(s) appearing for the Case

Richard Wayne Cunningham, pro se.

N. Warner Lee, Asst. U. S. Atty. (argued), Richard K. Burke and William C. Smitherman, U. S. Attys., Phoenix, Ariz., for respondent-appellee.

Before KOELSCH, DUNIWAY and HUFSTEDLER, Circuit Judges.


DUNIWAY, Circuit Judge:

Cunningham pled guilty in December, 1964, to a violation of the Dyer Act, 18 U.S.C. § 2312. He was sentenced under the Federal Youth Corrections Act, 18 U.S.C. §§ 5010(b), 5017(c). Several years later he filed a motion under 28 U.S.C. § 2255 to set aside the conviction, claiming that the trial judge had failed to comply with Rule 11, F.R.Crim.P., in accepting the plea of guilty. The court denied his motion. We affirm.

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